Tenantcheck Insights · Case study
Tenancy Tribunal case 5459437 — Rent arrears at Room 417, 100 Greys Ave, Auckalnd City, Auckland 1010,
Decided 16 Jun 2026 · Published 16 Jun 2026 · Application 5459437
- Rent arrears
At a glance
Key facts from the published tribunal order.
Location
Auckland
Tribunal region
Adjudicator
M Allan
Dispute themes
Award balance
Gross awards, any bond applied per the order, and the remaining balance payable.
- Gross award
- $5,308.00
- Bond payment as ordered
- −$960.00
- Total balance for Tenant to pay Landlord
- $4,348.00
Claims & awards
What this tenancy cost at tribunal — claim, category, amount, and party awarded, with reconciled net total.
| Claim | Landlord | Tenant | Reason |
|---|---|---|---|
| Rent arrears to 15 March 2026 (reduced | $5,280.00 | Rent arrears to 15 March 2026 (reduced | |
| Filing fee reimbursement | $28.00 | Filing fee reimbursement | |
| Net award | $4,348.00 | ||
| Total payable by Tenant to Landlord | $4,348.00 |
Claims and awards for application 5459437 — net $4,348.00 NZD. Verify on MoJ.
Order
- The Bond Centre is to pay the bond of $960.00 (BN-00137386) to Spectre Property Management Services Limited agent for Jac Sen Trustee Ltd immediately.
- Maria Krasheninnikova must pay Spectre Property Management Services Limited as agent for Jac Sen Trustee Ltd $4,348.00 immediately as set out in the table below:
Reasons
- Only the landlord attended the hearing, represented by Taylor Maxwell. The hearing was held by video conference.
- There was no appearance by the tenant. I am satisfied that the tenant has been served with the landlord’s application in accordance with the provisions of the Residential Tenancies Act 1986, and so the hearing proceeded in the tenant’s absence.
- This tenancy began on 4 August 2025. Rent was $480 per week.
- The landlord has applied for rent arrears to 19 April 2026 in the amount of $7,680, which is the date that the tenancy ended following the expiry of a 90- day notice issued by the landlord on 19 January 2026.
- When considering claims for rent arrears I must consider whether the landlord has taken steps to mitigate their loss.
- Section 49 of the RTA provides that:
- This means that a landlord cannot simply sit back and let arrears accrue but must take active steps to reduce their loss. Where the landlord fails to take timely steps, the Tribunal may reduce the rent arrears claimed 1 .
- Landlords are entitled to an order terminating the tenancy when rent is 21 days in arrears. In this case the landlord did not apply to the Tribunal for an order terminating the tenancy until the rent 65 days in arrears 2 , in circumstances where the rent had been in arrears for most of the tenancy.
- There may be some circumstances where a landlord might delay filing a Tribunal application for terminating where rent is in arrears, for example if they are in discussions with the tenant about the reason for the arrears and expect a lump sum payment or where the tenant is making part payments.
- In this case however the tenant went weeks at a time without paying any rent at all, paid two lump sums towards arrears (on 10 November 2025 and 16 December 2025) but even having done so remained in arrears.
- The last rent payment was made on 12 January 2026. No rent was paid at all after that date. 1 See for example Huang v Ashworth [2024] NZDC 15726, Dunn and Dunn v Beedie and Beedie CIV- 2014-088-000349 27 November 2014 and Kainga Ora – Homes and Communities v Allale [2021] NZTT Wellington 4291614 2 The landlord’s application was filed on 3 March 2026
- I consider that the landlord should have applied to the Tribunal five weeks earlier than they did. At that stage rent was already 35 days in arrears. For that reason I have reduced the rent arrears awarded by five weeks.
- The landlord has however still substantially succeeded with the claim and so I have reimbursed the filing fee.
- The landlord did not seek an order for name suppression.
Topics & place
Topics are dispute themes across the order (not the same as claim-type money lines).
Residential Tenancies Act sections
s2, s21, s49
Key findings
- Dispute theme: rent arrears
Property management
Frequently asked questions
Common questions about this Tenancy Tribunal case.
What was Tenancy Tribunal case 5459437 about?
The tribunal order states: The Bond Centre is to pay the bond of $960.00 (BN-00137386) to Spectre
How much money was awarded in case 5459437?
Filing Fee: $28.00 awarded to landlord; Rent Arrears: $5,280.00 awarded to landlord
What type of tenancy dispute was case 5459437?
The primary dispute was Rent arrears.
Where can I read the official tribunal order for case 5459437?
The official Ministry of Justice published order is available at https://forms.justice.govt.nz/search/Documents/TTV2/PDF/13757980-Tenancy_Tribunal_Order.pdf.